Others

SpicyIP Events: FICCI Online Certificate Course on Competition Law & IPR


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We are pleased to announce that registration has commenced for the Jan-Feb 2017 session of the online certificate course on IPR and competition law conducted by the Federation of Indian Chambers of Commerce and Industry (FICCI). The last date for registration is December 15, 2016. About the Course Any business and legal decision of a modern day corporations are intertwined. As distinction between roles in the office of CEO and General Counsel diminishes, it is important to understand and learn the complex…


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Competition Law Patent Unfair Competition

Samsung gets a favourable ruling v. Apple from the US Supreme Court


In a crisp 10 page unanimous opinion, the US Supreme Court overruled the (unanimous) Federal Circuit decision.   The US Supremes held that an “article of manufacture” need not be the end product as was claimed by Apple and agreed with Samsung that the article could be an intermediate product or a component !!! “The Federal Circuit’s narrower reading of ‘article of manufacture’ cannot be squared with the text of §289. The Federal Circuit found that components of the infringing smartphones…


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Biological Diversity Geographical Indication Plant Variety Protection Traditional Knowledge

Rice & IP: The ongoing Basmati imbroglio, the ‘Green Rice’ mystery & the IR8 celebrations


Over the last year with the Monsanto-Nuziveedu dispute, India has witnessed one of its biggest IP disputes in the agricultural sector. The Basmati GI dispute also has huge implication but as I’m reminded, often, by several people, geographical indications (GI) do not qualify as IP. These disputes aside, we’ve also come across two other very interesting cases of green rice and IR8 celebrations. Basmati rice – When did geography become an issue? As we’ve written earlier on SpicyIP, there is…


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Copyright

‘Hey, Excuse me, Mr. Kandasamy’ – Madras HC Rules on Copyright Infringement of Song Lyrics


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On the 30th of September, 2016 – the Madras High Court passed a significant order on the copyright infringement of song lyrics in Susi Ganesan & Others v. Elango (the order is available here). Warning: long post ahead! Factual Background The Defendant, both an advocate practicing in the Madras High Court as well as a Tamil Lyricist, was hired by the Plaintiffs to compose the lyrics of a song titled ‘Hey, Excuse me, Mr. Kandasamy’ for their film ‘Kandasamy’. In accordance…


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Others

SpicyIP Weekly Review (November 27- December 3)


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This week’s thematic highlight is Prof. Basheer’s post on the recent proposal of the government to change the four year limit for State level drug regulatory approvals to 10 years, which some consider as a backdoor extension of data exclusivity. Here, he discusses how the effects of this proposal largely depend on the kind of data generic companies must submit. He also discusses the glaring gaps in our drug regulatory regime and the urgent need to study and understand the…


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Patent Trademark

458 Patent Examiners recruited, 396 begin work!


Here’s some good news to begin the week! Earlier this year to commemorate World IP Day the Department of Industrial Policy and Promotion (“DIPP“) had announced the appointment of 458 new patent examiners. This was done to reduce timelines for examination of patents and trademarks.  As per a recent Financial Express report, of the 458 new examiners, 396 have already joined work after training. This indicates a four-fold increase in the number of examiners, up from the current figure of…


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Events

SpicyIP Events: National Conference on Intellectual Property Rights in New Delhi


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We are happy to announce that PHD Chamber in collaboration with University of Delhi (under the aegis of IPR Chair), is organizing a two day National Conference on Intellectual Property Rights (IPR) on December 16 & 17, 2016 at PHD House in New Delhi. About the Conference Intellectual Property is the term given to the generation of original intellectual or creative activity. India has become a member of the global patent regime by signing TRIPS and recently the Madrid protocol but…


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Trademark

Government contemplates a ban on foreign investment through the licensing route in the Tobacco sector


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According to reports, the Union Cabinet is considering a proposal to introduce a complete ban on all foreign investments in the tobacco sector. The Commerce and Industry Ministry has forwarded the final cabinet note for the Cabinet’s consideration, keeping in mind the views of the Health and Finance ministries. This move comes after the ban on FDI in cigarette manufacturing introduced by the Cabinet Committee on Economic Affairs and the DIPP in 2010. This ban was considered to be one…


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Patent

Proportion of Women Inventors on the Rise, Say Two New Studies


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A brief while ago, I had published a piece on the interface between gender and IP. One of the key take- aways from the post was that the number of women patentees worldwide is extremely low as compared to men. Two recently published studies- one by the UK Intellectual Property Office (“Study 1”) and another, a working paper of WIPO (“Study 2”) – point out that the gender gap among inventors is slowly but surely being bridged across the world….


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Patent Plant Variety Protection

NSAI Writes to American Ambassador; Calls for Stringent Action Against Monsanto


On this Blog, we have extensively covered the Bt cotton saga involving Monsanto and Indian seed companies [see here, here, here, here and here]. The Indian seed companies have been represented in this legal struggle principally by the National Seeds Association of India (NSAI) whose strategy, aimed at freeing the commercializing of Bt cotton from the shackles imposed by Monsanto, was explained by Prashant with remarkable lucidity here. To briefly recapitulate, the NSAI argues that, while no one can cavil…


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